Legal Question in Real Estate Law in Arkansas
Land rights
Al owns the surface and TX Oil& Gas the mineral rights under 180 acres of land.TX Oil& Gas decides to drill a well on Al's property. They decide to use a road that Al built to his peach orchard to reach drillig site.They decide to drill a well about 200ft from his house and they decide to use water from a creek that runs through his property. Al seeks an injunction prohibiting TX Oil& Gas from drilling the well on his land or,in the alternative, from using his road,water,or drilling within 200ft of his house. Who wins? Al or TX Oil & Gas and explain why??
1 Answer from Attorneys
Re: Land rights
Depends. Although TX Gas owns the mineral rights, they are not entitled to travel over Al's property to reach the drilling site unless they have also acquired an easement.
Further, depending on how the area is designated by the AR Oil and Gas Commission (e.g. an integrated area), you could be forced to allow the drilling on your property. But that doesn't change the company's obligation to acquire an easement to access the minerals.
So at this time, it seems like you could keep them from traveling across your property. However,in the end, the only remedy you have is to obtain damages from the company as a result of their easement (e.g. the damages to the property value of your home with the close proximity of the well).
Our office works with property owners across the state in these and similar situations. Please feel free to give us a call if we could be of further assistance.
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